possesion of firearm while commiting a felony, receiving stolen property

[sara1972]

What is the name of your state?atlanta georgia, police pulls over vehicle car stolen under seat is weapon police hand cuffs 4 people in car ask their names lets three go takes driver to jail for possession firearm by felon , concealed weapon, receiving stolen property, possession of firarm while commiting a felony. 1st appearance bond set and 2 of the 4 charges dropped. concealed weapon and possesion of firearm by felon. next date in few days where i was told to see if they will indict whatever that means. how can a gun under a seat in a pocketbook be possesion of firearm while comitting a felony and why did they just arrest the driver whos male and pocket book it wasnt his but was under his seat. what should be done first time in trouble

 

[Shay-Pari'e]

What is the name of your state?atlanta georgia, police pulls over vehicle car stolen under seat is weapon police hand cuffs 4 people in car ask their names lets three go takes driver to jail for possession firearm by felon , concealed weapon, receiving stolen property, possession of firarm while commiting a felony. 1st appearance bond set and 2 of the 4 charges dropped. concealed weapon and possesion of firearm by felon. next date in few days where i was told to see if they will indict whatever that means. how can a gun under a seat in a pocketbook be possesion of firearm while comitting a felony and why did they just arrest the driver whos male and pocket book it wasnt his but was under his seat. what should be done first time in trouble

HMMM, Maybe the purse belonged to the lady whose car was stolen., and she had a gun in it?


STOMPING FEET!!!!!!!!!! Where is IAAL?

 

[CdwJava]

What is the name of your state?atlanta georgia, police pulls over vehicle car stolen under seat is weapon police hand cuffs 4 people in car ask their names lets three go takes driver to jail for possession firearm by felon , concealed weapon, receiving stolen property, possession of firarm while commiting a felony. 1st appearance bond set and 2 of the 4 charges dropped. concealed weapon and possesion of firearm by felon. next date in few days where i was told to see if they will indict whatever that means. how can a gun under a seat in a pocketbook be possesion of firearm while comitting a felony and why did they just arrest the driver whos male and pocket book it wasnt his but was under his seat. what should be done first time in trouble

Generally, only the driver can be charged with the auto theft unless they all cop to being a party to the theft of the car.

If the gun is under the driver's seat - pocket book or not - he's going to take the fall for it. And the felony was the auto theft ... he had a gun while commiting the crime of auto theft - a felony.

Unless the defense can prove that the gun belonged to the victim ... oops ... wait ... that's a new offense - theft of a firearm. Hmm ... well, they can suck up the theft of a firearm charge in exchange for the possession charge maybe.

When you steal a car you suddenly own whatever was in it. It's funny how it works that way.

- Carl

 

[sara1972]

reply possession

he didnt get caught stilling it. actually his friend had the car he thought it was legit but after getting pulled over realized it was stolen so they had him as receiving stolen goods but how do they get possesion of a stolen vehicle while commiting a felony if they are driving stolen car that they knew they didnt still but was riding in because they received it i'm confused on they law

 

[CdwJava]

he didnt get caught stilling it. actually his friend had the car he thought it was legit but after getting pulled over realized it was stolen so they had him as receiving stolen goods but how do they get possesion of a stolen vehicle while commiting a felony if they are driving stolen car that they knew they didnt still but was riding in because they received it i'm confused on they law

Legally he was in possession of stolen property - a felony. Driving the car is possessing it, and in some states the charge is the same as stealing it. The state will have to show that he either knew it was stolen or should have reasonably known it was stolen. Having the firearm under the seat is likely sufficient for the firearm charge added on to it.

If the real thief steps up and confesses to stealing it and tells the court that he gave the car to your friend and that he somehow mislead the friend into believing the car was his, then maybe your friend has a chance. But I doubt the thief is going to jump on the grenade and suck up a couple felonies to get your pal off the hook.

- Carl

 

[sara1972]

atlanta ga to understand if someone said here you can drive my car then they called the police and said their was stolen its not in their driveway. the charge would be receiving stolen property vs actually stealing it and if a guns under the seat its possession of a firearm while commting a felony that makes no sense to me. they dropped concealed weapon but kept that one the law is so confusing.

 

[CdwJava]

atlanta ga to understand if someone said here you can drive my car then they called the police and said their was stolen its not in their driveway. the charge would be receiving stolen property vs actually stealing it and if a guns under the seat its possession of a firearm while commting a felony that makes no sense to me. they dropped concealed weapon but kept that one the law is so confusing.

The way it works in CA is that you coul dbe charged with auto theft or possession of stolen property - depending on the circumstances. The mere presence of the firearm is enough to get the subject charged.

State law will govern what intent issues must be established for the specific charges.

Can you cite the specific code sections he is charged with?

- Carl

 

[sara1972]

reply

receiving stolen property and possession of firearm while commiting a felony.

 

[CdwJava]

receiving stolen property and possession of firearm while commiting a felony.

I need the speciifc code sections - the numbers. The "title" can be very broad and may not reflect the specific charge he faces. The statute number is what MIGHT give me a clue as to what he faces ... if I can discern it. GA law confuses me sometimes.

- Carl

 

[sara1972]

reply

I'm sorry i don't see any numbers just abbreviations(txrsp auto),(poss f/a dur comm fel) thats all it says